Case information
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37048
Jacqueline Sanderson v. May Ostos Mangadlao
(Quebec) (Civil) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-05-04 | Close file on Leave | |
| 2017-05-04 | Correspondence (sent by the Court) to, all parties, re: cover letter and certificate of taxation | |
| 2017-05-04 | Certificate of taxation issued to, Me Sylvain Lussier | |
| 2017-05-04 | Decision on the bill of costs, in the amount of $1,406.98, Reg | |
| 2017-05-04 | Submission of the bill of costs, Reg | |
| 2017-03-24 | Reply to the bill of costs, Completed on: 2017-03-24 | May Ostos Mangadlao |
| 2017-03-20 | Response to the bill of costs, Completed on: 2017-03-20 | Jacqueline Sanderson |
| 2017-03-10 | Bill of costs, Completed on: 2017-03-20 | May Ostos Mangadlao |
| 2016-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-04 | Judgment on leave sent to the parties | |
| 2016-11-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025193-152, 2016 QCCA 587, dated April 4, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-08-08 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-06-20 | Certificate (on limitations to public access) | May Ostos Mangadlao |
| 2016-06-20 | Respondent's response on the application for leave to appeal, Completed on: 2016-06-20 | May Ostos Mangadlao |
| 2016-06-07 | Letter advising parties of a complete application for leave to appeal, File opened on 2016-06-07 | |
| 2016-06-06 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-06-03 | Certificate (on limitations to public access) | Jacqueline Sanderson |
| 2016-06-03 | Application for leave to appeal, The motion, the affidavit and the transcripts of the hearings are sealed., Completed on: 2016-06-03 | Jacqueline Sanderson |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Sanderson, Jacqueline | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mangadlao, May Ostos | Respondent | Active |
Counsel
Party: Sanderson, Jacqueline
This party is not represented by counsel.
Party: Mangadlao, May Ostos
Counsel
1000, rue De La Gauchetière Ouest
Bureau 2100
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-5377
FAX: (514) 904-8101
Email: slussier@osler.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(SEALING ORDER) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
Civil procedure – Removal of counsel – What is the appropriate standard of review which should have been applied by the Court of Appeal considering that the motions judge was exercising his judicial discretion upon granting the motion in first instance? – Did the motions judge make an error with respect to a principle of law requiring the intervention of a higher court? – Has the right to choose one’s attorney become a constitutional right as stated by the Court of Appeal which surpasses the proper administration of justice? – Should the disqualifying motion, the affidavits and the transcripts of this case remain confidential based on facts of this case and the new provisions on confidentiality in the Code of Civil Procedure, C.Q.L.R. c. C-25.01? – Did the Court of Appeal err at law by overturning the motions judge’s decision with respect to costs based on the new Code of Civil Procedure?
Ms. Sanderson sued Ms. Mangadlao, her former live-in nanny, in damages for a total amount of $24,000. She alleged lost business opportunities due to her nanny’s sudden departure without the required notice and stress, pain and suffering for a breach of confidence because of the departure and the circumstances in which the departure occurred. An associate in the law firm Davies Ward Phillips & Vineberg (“Davies”) represented Ms. Mangadlao on a pro bono basis in that action.
Ms. Sanderson brought a motion to remove Davies as counsel in this matter pursuant to articles 2, 20 and 46 of the Code of civil procedure, C.Q.L.R. c. C-25.01. Ms. Sanderson, who had practiced with Davies as a tax lawyer between 1999 and 2005, alleged that her prior association with the law firm and the circumstances of her departure would prevent Davies from having sufficient distance and objectivity in the matter. Ms. Mangadlao, via its counsel Davies, opposed the motion.
Lower court rulings
Court of Quebec
2015 QCCQ 3441, 500-22-209582-140
Motion to disqualify respondent’s counsel granted
Court of Appeal of Quebec (Montréal)
2016 QCCA 587, 500-09-025193-152
Appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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